Ensuring Arms Export Control Compliance and Post-Export Verification Measures
Explore the importance of arms export control measures and post-export verification procedures to prevent diversions and ensure end-use compliance. Learn about UN regulations, common practices, and effective sanctions to uphold accountability and transparency in arms exports.
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Arms Export Control Arms Export Control 9thRegional Meeting of SALW Commissions; 28-29 May 2018 Tirana
EXPORT CONTROL EXPORT CONTROL End User Control Product Control End Use Control Destination Control
EXPORT CONTROL EXPORT CONTROL UN Firearms Protocol (EU regulation 258/2010) All EU Common position on Arms Exports. Civilian firearms Military style firearms
Post export verification/ controls (UN Fire Post export verification/ controls (UN Fire arms Protocol arms Protocol According to article 10, paragraph 4, the importing State shall, upon request, inform the exporting State party of the receipt of the dispatched shipments of firearms and/or ammunition. Countries should ideally make it a regular practice to request verification that the shipment has reached its intended destination. Countries should require some sort of proof of delivery as opposed to verbal assurances. Importing countries may choose to build the capacity of their customs officers to carry out post-delivery inspections. If possible, exporting countries should carry out on-site verification once the firearms and/or ammunition have reached their intended destination. It is recognized that this may be difficult, given the limited resources of some States parties. These resources could include training personnel from diplomatic missions or defence attach s in the importing country to carry out the inspections. On-site verification is the only way to obtain an absolute guarantee that the shipment has reached its destination.
If possible, the monitoring of the end use of the firearms or ammunition should continue after their delivery. If it is discovered that the firearms or ammunition have been used for a purpose not specified in the end use certificate or were diverted into the hands of individuals other than those specified, it is recommended that the exporting Government disallow any further exports to that importer or that State party, if appropriate, until it is confident that measures have been taken by the importer or importing State to prevent such diversion from happening again.
Post export controls Post export controls End user certificate ( restrictions and special criteria) Customs Supervision ( International Import Certificate (IIC) Post Shipment Control Investigations Adequate and effective sanctions!
Post export controls Post export controls Post Delivery Verification Delivery verification
End user certificate End user certificate 3 main sources : The Wassenaar arrangement contains several documents that define an end-user certificate. As an example, the End-user assurances commonly used consolidated indicative list The OSCE decision n 5/04 Standard elements of end-user certificates and verification procedures for SALW exports The Guide to Council Common Position 2008/944/CFSP Those documents formulate recommendations only.
Common recommendations Common recommendations Name, address and business of the exporter and the end-user Country of final destination Description of the exported goods, quantity and value Date of issue of the certificate Signature, name and position of the end user representative Date of issue of the certificate End-use of the products Commitment not to use the goods in any other way than the one stated in the certificate A clause of no re-export Details of all the consignees (intermediaries) Commitment to provide a delivery verification on request
Other recommendations Other recommendations OSCE recommends to indicate the contract/order reference and the date of it Wassenaar Arrangement recommends to add: Certification that the goods will be installed at the premise sof the end- user/will only be used by the enduser Agreement by the end-user to allow on-site verification Assurance of no re-export without the consent of the exporter s State Commitment to not relocate the goods in the importing country
Thank YOU! Thank YOU!
